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Interim court orders in divorce proceedings: A change in approach

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Two recent judgments of the Western Cape High Court on interim orders pending divorce proceedings indicate a change of approach.  In deciding on applications under High Court Rule 43 the Court in these cases appears to caution against unduly favourable interim maintenance orders and unduly hefty contributions towards the legal costs of applicants. Rule 43 …

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Divorce, maintenance payments and prescription By Joshua Rutgers, Bianke Biassoni and Piet Badenhorst

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When does an undertaking to pay maintenance, forming part of a divorce settlement (consent paper) and incorporated into an order of court, become prescribed in terms of the Prescription Act No. 68 OF 1969? This was a question the Western Cape High Court recently had to decide, in SA vs JHA & Others (7531/2020) [2020] …

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Payment of costs and maintenance pending divorce: Rule 43 applications By Jean de Wet

Litigation law / By

The payment of legal costs and maintenance while parties are engaged in divorce litigation is often a crucial issue, which is regulated by Rule 43 of the Uniform Rules of Court. An application under Rule 43 is a common occurrence in divorce litigation. Rule 43 provides interim relief to a spouse in divorce proceedings, in respect …

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Immovable property: marriage, divorce and creditors by Bianke Wallendorf

Family Law, Litigation law, Property Law / By

A twice-married and twice-divorced couple were involved in a dispute over immovable property with a creditor of the husband, in Fischer v Ubomi Ushishi Trading and Others 2019 (2) SA 117 (SCA), a case decided by the Supreme Court of Appeal earlier this year. Mr and Mrs Haynes, who were married in community of property, …

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